Backup Documents 01/26/2021 Item #16E 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 E
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. ,...,
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2. RiskRisk-Management
3. County Attorney Office County Attorney Office JAK 1-26-21
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4. BCC Office Board of County 1-26-21
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Commissioners
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5. Minutes and Records Clerk of Court's Office
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PRIMARY CONTACT INFORMATION g:43knn,
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jessica Hayes/County Attorney's Office Phone 239-252-8400
Contact/ Department
Agenda Date Item was January 26,2021 Agenda Item Number 16E5
Approved by the BCC
Type of Document A final Settlement Agreement between Number of Original 1
Attached Collier County and Underwriters at Lloyd's Documents Attached
of London,et.al.to close all remaining
open claims arising from Hurricane Irma in
the amount of$1,477,306.38.
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JMH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JMH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JMH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on January 26,2021 and all changes made JMH
during the meeting have been incorporated in the attached document. The County ,
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready fort e 4
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise+ .24.05;Revised 11/30/12
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MEMORANDUM
Date: January 27, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Final Settlement Agreement between Collier County and
Lloyd's of London, et. al closing all remaining open claims
from Hurricane Irma in the amount of$1,477,306.38
Attached for your records is one (1) scanned copy of the document as referenced
above, (Item #16E5) adopted by the Board of County Commissioners on Tuesday,
January 26, 2021.
The original settlement agreement has been kept by the Minutes & Records
Department as part of the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
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DocuSign Envelope ID:391344A8-FF55-49B3.8C1A-8C3AD657CACE
SETTLEMENT & RELEASE AGREEMENT
This Settlement and Release Agreement (the "Agreement") is entered into by and
between the Board of County Commissioners of Collier County, Florida (the "County"), on the
one hand, and Certain Underwriters at Lloyd's of London, Landmark American Insurance
Company, Westchester Surplus Lines Insurance Company, and Arch Specialty Insurance
Company (collectively, the "Insurers"), on the other hand, as of the date of the execution of this
Agreement by all parties hereto, and in accordance with the teens and conditions set forth below,
The County and the Insurers are collectively referred to as the"Parties"and each as a "Party."
WITNESSETH
WHEREAS, the County is the governing body for Collier County, a political subdivision
of the State of Florida;
WHEREAS, the County alleges it sustained property damage on or about September 10,
2017, as a result of Hurricane Irma (the"Loss");
WHEREAS, at the time of the storm, the County was insured under a first-party
commercial property insurance program to which the Insurers severally subscribed (collectively,
the"Policy");
WI-IEREAS, the County requested insurance coverage from the Insurers under the Policy
for the alleged damage caused by Hurricane Irma (the"Insurance Claim");
WHEREAS, the County and the Insurers previously resolved a dispute between them
concerning the availability of coverage under the Policy to remove debris caused by Hurricane
Irma and for median landscape replacement, which dispute was the subject of a lawsuit filed in
the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida styled
Board of County Commissioners of Collier County, Florida v. Certain Underwriters at Lloyd's
of London, et al, and bearing Case No 18-CA-2727 (the"Litigation");
WHEREAS,the County and the Insurers now desire to compromise, settle, and adjust all
claims arising out of the Loss that are or could have been part of the Insurance Claim or are in
any way related to Hurricane Irma, without making any admissions or setting any precedent by
entering into this Agreement;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises and
covenants set forth below, Clarion Partners and the Insurers mutually agree as follows:
1. Within thirty (30) days of the full execution of this Agreement, the Insurers will
pay to the County the additional sum of One Million, Four Hundred Seventy-Seven Thousand,
Three Hundred Six Dollars and Thirty-Eight Cents ($1,477,306.38) in full and final settlement of
the Insurance Claim (the "Settlement Amount"). Each of the Insurers shall be severally liable
only for its respective share of the Settlement Amount. The Parties understand and agree that the
Settlement Amount shall be in addition to any amounts previously paid under the Policy and
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DocuSign Envelope ID:391344A8-FF55.4963-8C1A-8C3AD657CACE
shall be considered to be net of any applicable deductible(s), any and all of which have been
satisfied by the County, and inclusive of any and all recoverable depreciation. The Settlement
Amount shall be made payable by check issued to the County or by wire transfer pursuant to
wire details provided separately.
2. Upon payment of the Settlement Amount, the County hereby irrevocably releases
and forever discharges — on behalf of: (1) itself; (2) its past, present, and future affiliates of any
kind; (3) any and all past, present, and future agents, officers, directors, and attorneys; and
(4)any and all successors, assigns, executors, and/or heirs of the aforementioned persons and
entities (collectively, the "County Releasors") — all of the following: (1) each of the Insurers;
(2) each and every one of the Insurers' past, present, and future affiliates of any kind; (3) each
and every one of the Insurers' past, present, and future agents, officers, directors, employees,
adjusters, experts, consultants, reinsurers, and attorneys; and (4) any and all of the successors,
assigns, executors, and/or heirs of the aforementioned persons or entities (collectively, the
"Insurer Releasees") of and from any and all claims, demands, liabilities, actions, and causes of
action of every type or kind (each a "Claim" and collectively "Claims"), whether presently
known or unknown, that the County Releasors or anyone acting in their name now have, ever
have had, or ever may have in the future, against the Insurer Releasees arising under, out of, or
relating in any way to the Loss or the Insurance Claim, including, but not limited to, any and all
claims for bad faith, extracontractual damages, and/or attorney's fees. For the avoidance of
doubt, the County hereby irrevocably releases and forever discharges all pending or future
claims, whether known or unknown, against the Insurers arising out of or relating to Hurricane
Irma.
3. The County hereby represents and warrants that no other persons or entities,
including loss payees, mortgagees, named insureds, additional named insureds, contractors, sub-
contractors, and/or lien holders, are otherwise entitled to the insurance proceeds being paid
herewith, and the County will defend, indemnify, and hold harmless the Insurers with respect to
any and all claims, actions, causes of action, or suits alleged, filed, or asserted by any persons or
entities, whether known or unknown, claiming to have an interest in the Settlement Amount. The
County further represents and warrants that it has not sold, assigned, transferred, conveyed, or
otherwise disposed of any interest in the Policy or any claim, demand, or right released or
surrendered by virtue of this Agreement.
4. By entering into and signing this Agreement, the County certifies as it would in a
proof of loss that it sustained insured loss or damage equal to or greater than the amount to be
paid as the Settlement Amount.
5. The Parties acknowledges that the Settlement Amount to be paid in accordance
with this Agreement is in compromise of disputed coverage demands and is not an admission by
the County or the Insurers: as to the scope or availability of coverage under the Policy; that any
obligations exist under the Policy and/or otherwise; or as to the applicability or non-applicability
of any term, condition, limitation, deductible, exclusion, or any other provision in the Policy.
6. The Parties acknowledge that the Settlement Amount to be made in accordance
with this Agreement: does not reflect a course of dealing; does not reflect a course of
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DocuSign Envelope ID:391344A8-FF55-4983-8C1A-SC3AD657CACE
performance; does not reflect any position by any of the Parties; and cannot be used in any
manner whatsoever to affect the availability, non-availability, or amount of coverage in any other
or future claim(s) for coverage by the County, all whether under the Policy and/or under any
previous version(s) of the Policy and/or under any future renewal(s) of the Policy and/or under
any other insurance policy(ies) issued by the Insurers or their affiliates.
7. This Agreement sets forth the entirety of the Parties' agreed-upon terms with
respect to the settlement of the Insurance Claim and it cannot be altered or amended in any way
except by a writing that is signed by all of the Parties.
8. Each Party represents and warrants that its signatory below has full power and
authority to sign on behalf of, and legally to bind to this Agreement, that signatory's respective
principal(s) and that it has received independent legal advice on the advisability of entering into
this Agreement, and does so voluntarily,willingly, and free for coercion or duress.
9. This Agreement may be executed in counterparts by each of the Parties hereto
and: a copy of such executed counterpart must be delivered to each of the other Parties by
registered United States Postal Service mail, electronic mail, and/or facsimile; each such copy of
such counterpart shall be deemed an original; each such duly delivered copy of each such
executed counterpart shall be considered to be valid and effective for all purposes; and all such
counterparts, taken together,will be considered one and the same instrument.
10. If any of the provisions of this Agreement should be deemed invalid and/or
unenforceable by any court of competent jurisdiction, such invalidity and/or unenforceability
will not affect the whole Agreement; rather, the Agreement will be construed as if not containing
the particular provision(s) held to be invalid and/or unenforceable, and the obligations of the
Parties will be construed and enforced accordingly.
11. This Agreement shall be interpreted under the laws of the State of Florida and
shall in all respects be governed, construed, applied and enforced in accordance with the laws of
Florida without regard to Florida's choice of law rules.
12. If any of the provisions, terms, or clauses of this Agreement are declared illegal,
unenforceable, or ineffective in a legal forum, those provisions, terms, and clauses shall be
deemed severable, such that all other provisions, terms, and clauses of this Agreement shall
remain valid and binding upon the Parties.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the undersigned, by their duly authorized officers and/or
representatives, have entered into and executed this Agreement.
BOA', 110 OUNTY CO ISSIONERS OF COLLIER COUNTY, FLORIDA
By: Dated: JCiI 1 3 a t Oto,0 `
Printed Namecranr / TQ, for Approved if and legality
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Title: kc• Jeffrey A. K at, ow, 'unty Attorney
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON
�'— Dated: 30/Dec/20
By:
Printed Named: Mark Crowest
Title: Claims Manager, Beazley Group
LANDMARK AMERICAN INSURANCE COMPANY
By: Dated:
Printed Named:
Title:
WESTCHESTER SURPLUS LINES INSURANCE COMPANY
By: Dated:
Printed Named:
Title:
..............�.�I/
ATTESY • -�: ,''''
CRYST . I .�I41}�iLELr CLERK
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Attesfiar�4 Ct�a�rm
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IN WITNESS WHEREOF, the undersigned, by their duly authorized officers and/or
representatives, have entered into and executed this Agreement.
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
By: Dated:
Printed Named:
Title:
CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON
By: Dated:
Printed Named:
Title:
LANDMARK AMERICAN INSURANCE COMPANY
By: n/jt ?It J Dated: 12-24-2020
Printed Named: Daniel Mack
Title: AVP
WESTCHESTER SURPLUS LINES INSURANCE COMPANY
By: Dated:
Printed Named:
Title:
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IN WITNESS WHEREOF, the undersigned, by their duly authorized officers and/or
representatives,have entered into and executed this Agreement.
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA
By: _ Dated:
Printed Named:
Title:
CERTAIN UNDERWRITERS AT LLOYD'S OF LONI)ON
By: Dated:
Printed Named:
Title:
LANDMARK AMERICAN INSURANCE COMPANY
By: Dated:
Printed Named:
Title:
WESTCHESTER SURPLUS LINES INSURANCE COMPANY
By: +�k , Dated: r 9- 6 20=l
Printed Named: 11 w,�f /
Title: AV7 E'eeiti v' (7042', r'(' (
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DocuSign Envelope ID;391344A8-FF55.49B3-8C1A-8C3AD657CACE
ARCH SPECIALTY INSURANCE COMPANY
/—DocuSIpncd by:`l
T] fiwart, WALL 1/7/2021
By: • f7APRRfM7CFnrArP Dated:
Edward walsh
Printed Named:
Senior claims Examiner - Property Claims
Title:
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